Is it your Doctor’s fault if you have mesh complications?

Doctor Skill? Or defective product?

Many pro-mesh people, will argue that it’s not the mesh, but it is the skill of the doctor that does the surgery that determines if your mesh surgery will be successful or not. They will tell you that if you go to a reputable doctor that puts the mesh in, you should be fine.

Mesh manufacturers would like you to believe this, because that gets them off the hook, and they are the ones being sued primarily (the manufacturers, not the doctors). There are now over 100,000 lawsuits against six different manufacturers – not the doctors. This is also why many lawyers representing those who have pending mesh lawsuits, will warn their clients to be very careful about publicly blaming their doctors. It could ruin their case.

When so many doctors are not giving the full warnings about mesh, and even seem to be in the dark themselves, it is understandable that patients are upset with their doctors.

But, lets just talk about the doctor’s SKILL for a bit, and ask:

“If you go to a doctor that is well trained, and SKILLED in placing mesh, does that mean you will not have severe mesh complications?”

“Pro-mesh people want us to believe that it is the DOCTOR, not the product that is at fault for mesh complications. I’m guessing a lot of doctors who implant mesh might disagree… but, the manufacturers of mesh? Well, they love this idea because if you can prove it’s the doctor’s fault, that gets them off the hook, and they (the manufacturers) are the ones being sued most frequently. Also, it sort of puts the blame back on the patient, doesn’t it?

and #3) Lastly, I disagree because MY implanting doctor came highly recommended. I knew people personally that went to him, and were not having problems. In fact, he was in charge of training other doctors on the procedures. I’ve also talked to many other women who went to very reputable doctors for their mesh implants that STILL had complications. Yes, this included many who even had the mesh implanted by a reputable UroGynecologist.

One woman even stated;

“I had an excellent surgeon place the mesh. When I was examined by a different doctor, she was visibly shaken when she saw who did the mesh placement. She referred to the surgeon by their first name and said she knew their work, and if **I** was having problems, then anyone can have problems.”

Lawsuits are NOT aimed at Doctors

Please understand that all the lawsuits you hear about regarding mesh complications, are not usually against the doctors, but instead they are targeting the manufacturers of the mesh. The cases revolve around the mesh products being defective, high-risk, AND that they were advertised to the doctors falsely. Basically, they are stating the doctors were told incorrect data…. and then they in turn tell the patient said data.

“A US surgeon told the court he wouldn’t have used mesh implant if had known the risks” – dailyrecord

The same doctors who tell their patients how safe mesh is, wind up claiming in court, when push comes to shove, that they did not know the mesh products they used were faulty or “high risk”. They will claim they believed the information and data that the manufacturer sales reps told them. Studies done BY the companies making, and marketing the mesh. Can you say, “conflict of interests”? They also listen to AUGs, which again seems more concerned about the research and sales, than patient safety.

The Blame Game

So, the doctors blame the manufacturers.
The manufacturers try to blame the doctors, and/or the patients.
The lawyers mostly just want to go after the manufacturers of certain TVT devices that they think they can win on, despite the fact there are tons of people with complications from other mesh products too.
In the mean time, the patients are the ones who keep suffering the consequences while the others make a ton of money.

But, don’t those with complications get rich?

Don’t be fooled into thinking everyone and anyone with mesh complications is going to be able to file a lawsuit and make it rich. That is another big misconception. Not everyone can, or will file a lawsuit. Those who do have lawsuits, often find themselves waiting years for any compensation. Only a few cases have gone to trial so far, and when fighting big companies like Johnson and Johnson it is not so easy. The manufacturers can, will, and do drag it out. Even those who win large settlements, will wind up waiting through appeal after appeal. Then, because there ARE so many lawsuits, many of those people will NOT even get any money, or not nearly enough to cover the multiple surgeries, loans, etc., they have as a result of mesh. Not to mention that ultimately, no amount of money will give someone back their quality of life once it is gone. Many who suffer complications, are permanently disabled, and lives are changed forever.

So, if Doctor SKILL is not to blame, should doctors be blamed for not knowing & telling the facts?

This is maybe a better question in my book. It’s also still one that anyone should approach with care, and probably is more complicated than it seems.

With all the FDA warnings, recent studies, and data coming out that warns about mesh complications – one would think that it would be less and less acceptable for doctors to just keep pleading the 5th when it comes to mesh, and even promoting it’s use. ? I mean, how can they keep recommending it, and using it, especially when more and more people keep coming forward with complications?

So, please please please… do try to do your homework. Be careful about blaming your doctors… but, also Do NOT just go by what your doctor tells you. Get second and third opinions – not just from doctors that use mesh, but also from doctors that do NOT use mesh. Talk to other people who have actually had mesh, both the pro’s and the cons of it. Research the product/device itself, NOT just the doctor. Is it worth the risks? Once you really know some of the facts, I hope you will decide against it.

Perhaps even more helpful than articles, is talking to a variety of others who are suffering from mesh complications, and are in various stages of treatment. Three of the larger support groups I found helpful are:

Have the FDA warnings ALWAYS been on the mesh and parts? What about early placements re: 2003?? Mine was done by a very well respected doc in DC area. I was just wondering if the warnings were there and Doc ignored or were they not known at that time??